The Ministry of Corporate Affairs has recently introduced SPICe Form INC-32, which is a Simplified Proforma for Incorporating Company Electronically through Companies (Incorporation) Fourth Amendment Rules, 2016.

Around the world, there has been a considerable increase in shareholder activism in recent years. October 2017 saw a win for shareholder activists, 40 North and White Tale, when they forced the management of Clariant AG to call off Clariant's merger with Huntsman Corporation, since they believed that the merger would expose Clariant to Hunstman's debt and volatility.

In Part 1 (linked), we discussed some rookie mistakes we have seen businesses make while creating financial forecasts. New businesses especially are prone to making errors when they create forecasts for the first time.

On 14 November 2017, the Hon'ble Delhi High Court decided the issue regarding two Indian parties choosing a foreign seat of arbitration and the arbitrability of the principle of alter ego or piercing of the corporate veil.

The Ministry of Corporate Affairs ("MCA") vide Notification1 dated 26.12.2016 notified Section 248 to 252 of the Companies Act, 2013 ("Act") and revised the process of striking off the name of the company...

There are various provisions in the Act, which require valuation by a registered valuer including issuance of shares on preferential basis, compromise and arrangements between company and its creditors or members, minority shareholding buy-out, liquidation, etc.

The Ministry of Corporate Affairs has recently introduced SPICe Form INC-32, which is a Simplified Proforma for Incorporating Company Electronically through Companies (Incorporation) Fourth Amendment Rules, 2016.

Around the world, there has been a considerable increase in shareholder activism in recent years. October 2017 saw a win for shareholder activists, 40 North and White Tale, when they forced the management of Clariant AG to call off Clariant's merger with Huntsman Corporation, since they believed that the merger would expose Clariant to Hunstman's debt and volatility.

The Ministry of Corporate Affairs ("MCA") vide Notification1 dated 26.12.2016 notified Section 248 to 252 of the Companies Act, 2013 ("Act") and revised the process of striking off the name of the company...

There are various provisions in the Act, which require valuation by a registered valuer including issuance of shares on preferential basis, compromise and arrangements between company and its creditors or members, minority shareholding buy-out, liquidation, etc.

Section 164(2)(a) of the 2013 Act provides for disqualification of directors if the company has not filed financial statements or annual returns for a continuous period of three financial years (non-compliance ground).

The Securities and Exchange Board of India seems to have adopted a rather strict and literal rule of interpretation to deny the exemption from making an open offer applicable to indirect acquisitions pursuant to schemes of arrangement.